Laws & LiabilityPregunta 17 de 80

A guest is drinking heavily and mentions they are driving home. The server keeps serving. The Dram Shop Act is most concerned with which factor at the time of service?

a.Whether the guest was already obviously intoxicated when served
b.Whether the guest ordered an expensive drink
c.Whether the guest paid a cover charge
d.Whether the bar was crowded

Explicación

Dram Shop liability hinges on whether the person was obviously intoxicated and a clear danger at the moment they were served. The guest's plan to drive raises the stakes but the legal test is the obvious intoxication at service. That is why servers must watch for and act on signs of intoxication.

Referencia Legal: Texas Alcoholic Beverage Code

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